HPD chief says officers in beating case deserve felony charges

Houston’s police chief said Tuesday that four former officers charged in the beating of high school sophomore Chad Holley should have been indicted for felonies instead of misdemeanors.

“I just think that what they did was felony conduct,” Chief Charles McClelland said after testifying in the trial of former officer Andrew Blomberg, the first of four officers charged with official oppression in a March 24, 2010 beating that was caught on video.

McClelland blamed state law that makes it difficult to file felony charges in police brutality cases. “The specific statute, the way it reads, makes it very difficult,” he said.

He also said he would like to see the law changed. “In my opinion, do I want them charged with a higher penalty? Of course.”

Official oppression is a class A misdemeanor, and prosecutors have to prove “mistreatment” to secure a conviction.

To file felony charges, prosecutors would have to allege “serious bodily injury” which Holley did not testify to. He said he had a scrape on his forehead, a red eye and bruise on his back.

Blomberg faces a year in jail if he is convicted. Defense lawyers for Blomberg have said he acted “reasonably” while tying to arrest Holley, then 15, as he fled from police after a midafternoon burglary.

Attorney Dick DeGuerin said the officers believed Holley and other young men were armed. Testimony showed they believed the crew had stolen a gun the day before.

McClelland, the final witness Tuesday for the prosecution in the trial, told jurors he did not think Blomberg’s actions were reasonable.

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“Former officer Blomberg acted inappropriately and against policy, training and in violation of state law,” he said after leaving court. “I have more experience than Blomberg – I’ve been on the streets longer than Blomberg – so I think I am in a good position to make a judgment call on the reasonable officer standard.”

Trials are pending for Phil Bryan, Raad Hassan and Drew Ryser, all of whom were fired. Bryan and Hassan also were charged with violation of the civil rights of a prisoner, a misdemeanor.

The arrest and beating was caught on tape by two cameras mounted at a nearby business. The recording shows Blomberg was the first to get to Holley as he fell to the ground and lay prone with his hands on his head.

Blomberg can be seen apparently stomping on the teen’s head. He is next to Holley for about four seconds before running off as other officers kick and punch the teen.

Although Holley said he did not have the injuries before his arrest, an optometrist testifying for the defense said the red eye was a form of sexually transmitted disease that Holley had before the beating.

Larry Cohen, who examined Holley’s medical records, testified that Holley had “neisseria gonorrhea,” which made his eye red. Cohen said the teen could have gotten it through sexual conduct or when he was born.

The trial, in state District Judge Ruben Guerrero’s court, is expected to last through the week.